Is this legal? (Incapacity Benefit cut).

reactor_3

http://www.dwp.gov.uk/welfarereform/raisingexpectations/chapter5.pdf

"5.48 For all those on contributory Incapacity Benefit with an age addition, the Green Paper proposed that many would receive no cash increase in their overall benefit because their benefit would be higher than the amounts payable to people on ESA. However, this proposal raised concerns in the consultation responses and the economic climate has become more difficult since the Green Paper. We have therefore decided they should receive a cash increase in their overall benefit, despite the difficult fiscal position we face. The cash increase in their overall benefit from 2009 will be half of Rossi. This will begin the process of achieving alignment with ESA."

That means a cut in benefits for people with the age allowance, however this is a
'White Paper' which means it has not been passed by parliment, so how can they
cut benefits from 2009 as it has not been passed by Parliment yet?

Looks like 'law by the back door'?

Ilegal under Human Rights Act - (punishment without fair trial).

Nigella_2

Something fishy going on!

Rossi V RPI my head hurts!!!

Anyway with the difference in age addition monies means most have to pay more rent. If knocked off won't be so bad but looks dodgy.

cw18

Nigella wrote: »

Anyway with the difference in age addition monies means most have to pay more rent. If knocked off won't be so bad but looks dodgy.

Contributory IB doesn't automatically give Housing Benefit or any other "top ups". If there's other income coming into the family (ie. a couple where one receives this, but the other works), then it's unlikely there will be an increase anywhere else to make up for any drop in the IB being received.......

Nigella_2

Because the HB and DP uprates by 6.3% and your Incap is only going up 3.1% if you are single and pay rent you should be not so badly off.

YES it is mean, cruel to cut and confuse.

cifpower

I receive DLA, IB (with the age addition) and IS. Presumably if this goes ahead I will receive more IS?

cw18

As your IS will be reduced by your IB, then yes your total will continue to match the IS rates.

So if IB were to go down by £1/week, then your IS would rise by the same amount (due to the fact IS doesn't have any age additions).

reactor_3

Can I just clarify i did not ask if it was fair, I asked if was legal to cut benefits with out it going before Parliment?
I think the IS and HB bit are red herrings. I am assuming neither is claimed, either way the cut will be the same won't it?
Also you don't live on HB do you thats for your housinig costs, you can't spend it else where

healy

I do not know if it is legal or not but overall there is not a cut in benefit but an increase for 2009.

reactor_3

healy wrote: »

I do not know if it is legal or not but overall there is not a cut in benefit but an increase for 2009.

What benefit are you talking about? Incapacity benefit with age addition?

Are you saying that will not be effictively cut? (raised below Rossi index).

If so do you have a link to confirm this?

dmg24

Your posts are coming across in rather an aggressive tone reactor.

The DWP has delegated powers that allow them to adjust benefit amounts.

healy

reactor wrote: »

What benefit are you talking about? Incapacity benefit with age addition?

Are you saying that will not be effictively cut? (raised below Rossi index).

If so do you have a link to confirm this?

Yes the same benefit you were talking about.

It will still increase but by a lesser amount.